Chapter 3.
PROCEDURES FOR REGISTERING OPERATION OF RATING CREDIT OF E-COMMERCE WEBSITES
Article 14. Subjects of registration
Subjects of registration for operation of rating credit of e-commerce websites are traders and organizations established under Vietnamese law and belong to one of the following subjects:
1. Being the trade promotion or enterprise support organizations.
2. Being the media agencies, trading associations or organizations protecting benefits of consumers.
3. Being traders operating in e-commerce field.
Article 15. Dossiers of registration
1. Register application for operation of rating credit of e-commerce websites (made according to the Form TMDT-2 in the Annex promulgated together with this Circular).
2. Authenticated copies of the establishment decision (for organizations), certificate of Business registration, certificate of investment or license of investment (for traders).
3. Scheme for operation of rating credit of e-commerce websites includes the following content minimally:
a) Formally name of program in rating credit of e-commerce websites;
b) Operational purpose of rating credit of e-commerce websites;
c) Duration and frequency for conducting operation of rating credit;
d) Subjects or types of e-commerce websites that will be selected for rating credit;
dd) Criteria applied to rate a e-commerce website, of which included that e-commerce websites have finished notification or register with the Ministry of Industry and Trade as prescribed in the Decree No. 52/2013/ND-CP;
e) Process and method of rating an e-commerce website;
g) Methods in organizing operation of rating credit and selecting persons in charge of rating;
h) Design of the credit symbol going to be affixed on the rated e-commerce websites;
i) Plan on supervising operation of e-commerce websites that have been affixed the credit symbol;
k) Rights and obligations of the credit-rating party and the party possessing website that are rated credit.
Article 16. The process of registration
1. The receipt and handling of dossiers registering for operation of rating credit of e-commerce websites are conducted in online manner by the Ministry of Industry and Trade through the Portal for e-commerce operation management at www.online.gov.vn.
2. To declare dossier, traders and organizations access in the Portal for e-commerce operation management and implement the following steps:
Step 1: Trader or organization registers an account to log in system by providing the following information:
- Name of trader or organization;
- Number of business registration of trader or number of the establishment decision of organization;
- Business/operation fields;
- Address of head office of trader or organization;
- Contact information, including telephone, fax numbers and email.
Step 2: Within 03 (three) working days, trader or organization will receive result from the Ministry of Industry and Trade through the registered email about one of following contents:
- If information registering account is full, the trader or organization will be issued an account to log in system and conduct the step 3;
- If registered account is refused or required for information supplementation, the trader or organization must re-register or supplement information as requested.
Step 3: Trader or organization may log in its account on the system, select function of registration for operation of rating credit e-commerce websites, declare information under the form and attach dossier of registration specified in Article 15 of this Circular.
Step 4: Within 15 (three) working days, trader or organization will receive feedback information from the Ministry of Industry and Trade through the registered email about one of following contents:
- Confirming that the register dossier is full and valid, and requesting trader or organization conducts the step 5;
- Reporting that the register dossier is invalid or requesting for information supplementation. In that case, trader or organization may turn back step 3 for re-declaration or supplementing information and dossier as requested.
Step 5: After receiving notice on confirming that dossier is full and valid, trader or organization will send a set of complete register dossier (made of paper) to the Ministry of Industry and Trade (Vietnam e-commerce and information technology Agency) as prescribed in Article 15 of this Circular.
3. Traders and organizations are responsible for monitoring the status of handling dossier via email or account already issued for accessing in system so as to update and correct information as requested.
4. Within 30 (thirty) working days after receiving notice requesting for supplementation of information at step 4 as prescribed in clause 2 of this Article, if traders and organizations fail to reply, the register dossiers on the system will be locked and traders and organizations must conduct re-registration at the beginning.
Article 17. Confirmation for registration
1. Duration of confirmation for registration: 07 (seven) working days after receiving the full and valid paper register dossier made that are sent directly or via post by traders or organizations to the Ministry of Industry and Trade (Vietnam e-commerce and information technology Agency) upon completing the register process specified in clause 2 Article 16 of this Circular. In case where the sent paper dossier are not matched with documents and information which traders, organizations have declared in online manner, the Ministry of Industry and Trade will notify through the email registered by trader or organization for completing dossier by trader or organization.
2. When confirming registration, the Ministry of Industry and Trade will send notice about confirming register to trader or organization through the registered email, and bring name of trader or organization into list of traders or organizations registered for providing service of rating credit on the Portal for e-commerce operation management.
3. After being confirmed for registration, the credit symbol of traders and organizations rating credit of e-commerce websites together with list of websites affixed this symbol will be announced on the Portal for e-commerce operation management.
Article 18. Amending and supplementing register information
1. Within 07 (seven) working days, traders and organizations rating credit of e-commerce websites must notify amendment and supplementation of register information from the day of arising one of the following changes:
a) Change of name of trader or organization;
b) Change of representative of trader or organization; change of person in charge of operation of rating credit of e-commerce websites;
c) Change of address of transaction office or contact information;
d) Change of criteria and process for rating credit of e-commerce websites or other content of the Scheme for operation of rating credit of e-commerce websites specified in clause 3 Article 15 of this Circular.
2. Notification of amending and supplementing the register information is performed in online manner through the account already issued for accessing in system when registering or performed in writing to sent directly or via post to the Ministry of Industry and Trade (Vietnam E-Commerce and Information Technology Agency), enclosed with copies of papers, documents proving the change (if any).
3. Within 07 (seven) working days after receiving full and exact notification sent by trader or organization as prescribed in clause 2 of this Article, the Ministry of Industry and Trade will consider confirmation or non-confirmation of the amending and supplementing information and give feedback to trader or organization through the account already issued for accessing in system; in case of non-confirmation, it must clearly state reason thereof.
Article 19. Cancellation or termination of registration
1. The Ministry of Industry and Trade will terminate registration for traders and organizations of rating credit of e-commerce websites in the following cases:
a) At the request of trader or organization;
b) Trader or organization stops operation of rating credit of e-commerce websites;
c) Trader or organization rating credit of e-commerce websites fails to implement obligation as prescribed at clause 4 Article 61 of the Decree No. 52/2013/ND-CP and continue repeat such act after having been reminded;
d) Trader or organization rating credit of e-commerce websites is cancelled registration as prescribed at clause 2 Article 61 of the Decree No. 52/2013/ND-CP.
2. 15 (fifteen) working days before terminating operation, trader or organization rating credit of e-commerce websites must notify the Ministry of Industry and Trade for register termination. This notification is performed by online manner through the account already issued for accessing in system when registering or performed in writing to sent directly or via post to the Ministry of Industry and Trade (Vietnam E-Commerce and Information Technology Agency).
3. When terminating or cancelling register, the Ministry of Industry and Trade will draw name of trader, organization from the list of traders and organizations registered for rating credit of e-commerce websites together with delete the credit symbol of that trader or organization and list of its websites affixed this symbol on the Portal for e-commerce operation management.
Article 20. The report obligation of traders, organizations rating credit of e-commerce websites
1. Before the fifth date of each month, traders and organizations must, on the Portal for e-commerce operation management, update the list of their e-commerce websites affixed the credit symbol in counting to the end of previous month.
2. Before the January 15 of every year, traders and organizations rating credit of e-commerce websites must report the operational result of rating credit of the previous year to the Ministry of Industry and Trade in online manner through accounts of traders and organizations at the Portal for e-commerce operation management.
3. In order to serve for inspection and examination of state management agencies or to clarify information reflected by organizations, individuals as prescribed in Article 24 of this Circular, traders and organizations rating credit of e-commerce websites have obligation to report and supply information about websites that are affixed credit symbol by them at the request of the Ministry of Industry and Trade.
Tìm kiếm
Thông tư 12/2013/TT-BCT (Bản Word)
Thông tư 12/2013/TT-BCT (Bản Pdf)